[Debate] Executive Order -- Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen

[Yoshie Furuhashi]

"Yemen" apparently overrides the Bill of Rights.

<http://1.usa.gov/KQz4ew>
May 16, 2012

Executive Order -- Blocking Property of Persons Threatening the Peace,
Security, or Stability of Yemen

EXECUTIVE ORDER
- - - - - - -
BLOCKING PROPERTY OF PERSONS THREATENING
THE PEACE, SECURITY, OR STABILITY OF YEMEN

By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), and section
301 of title 3, United States Code,

I, BARACK OBAMA, President of the United States of America, find that
the actions and policies of certain members of the Government of Yemen
and others threaten Yemen's peace, security, and stability, including
by obstructing the implementation of the agreement of November 23,
2011, between the Government of Yemen and those in opposition to it,
which provides for a peaceful transition of power that meets the
legitimate demands and aspirations of the Yemeni people for change,
and by obstructing the political process in Yemen. I further find that
these actions constitute an unusual and extraordinary threat to the
national security and foreign policy of the United States, and I
hereby declare a national emergency to deal with that threat. I hereby
order:

Section 1. All property and interests in property that are in the
United States, that hereafter come within the United States, or that
are or hereafter come within the possession or control of any United
States person, including any foreign branch, of the following persons
are blocked and may not be transferred, paid, exported, withdrawn, or
otherwise dealt in: any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State, to:

(a) have engaged in acts that directly or indirectly threaten the
peace, security, or stability of Yemen, such as acts that obstruct the
implementation of the agreement of November 23, 2011, between the
Government of Yemen and those in opposition to it, which provides for
a peaceful transition of power in Yemen, or that obstruct the
political process in Yemen;

(b) be a political or military leader of an entity that has engaged in
the acts described in subsection (a) of this section;

(c) have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to or in
support of, the acts described in subsection (a) of this section or
any person whose property and interests in property are blocked
pursuant to this order; or

(d) be owned or controlled by, or to have acted or purported to act
for or on behalf of, directly or indirectly, any person whose property
and interests in property are blocked pursuant to this order.

Sec. 2. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C.
1702(b)(2)) by, to, or for the benefit of any person whose property
and interests in property are blocked pursuant to section 1 of this
order would seriously impair my ability to deal with the national
emergency declared in this order, and I hereby prohibit such donations
as provided by section 1 of this order.

Sec. 3. The prohibitions in section 1 of this order include but are
not limited to:

(a) the making of any contribution or provision of funds, goods, or
services by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to this order; and

(b) the receipt of any contribution or provision of funds, goods, or
services from any such person.

Sec. 4. The prohibitions in section 1 of this order apply except to
the extent provided by statutes, or in regulations, orders,
directives, or licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit
granted prior to the effective date of this order.

Sec. 5. Nothing in section 1 of this order shall prohibit transactions
for the conduct of the official business of the United States
Government by employees, grantees, or contractors thereof.

Sec. 6. (a) Any transaction that evades or avoids, has the purpose of
evading or avoiding, causes a violation of, or attempts to violate any
of the prohibitions set forth in this order is prohibited.

(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.

Sec. 7. For the purposes of this order:

(a) the term "person" means an individual or entity;

(b) the term "entity" means a partnership, association, trust, joint
venture, corporation, group, subgroup, or other organization; and

(c) the term "United States person" means any United States citizen,
permanent resident alien, entity organized under the laws of the
United States or any jurisdiction within the United States (including
foreign branches), or any person in the United States.

Sec. 8. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional
presence in the United States, I find that

because of the ability to transfer funds or other assets
instantaneously, prior notice to such persons of measures to be taken
pursuant to this order would render those measures ineffectual. I
therefore determine that for these measures to be effective in
addressing the national emergency declared in this order, there need
be no prior notice of a listing or determination made pursuant to
section 1 of this order.

Sec. 9. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ all
powers granted to the President by IEEPA as may be necessary to carry
out the purposes of this order. The Secretary of the Treasury may
redelegate any of these functions to other officers and agencies of
the United States Government consistent with applicable law. All
agencies of the United States Government are hereby directed to take
all appropriate measures within their authority to carry out the
provisions of this order.

Sec. 10. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to submit the recurring and
final reports to the Congress on the national emergency declared in
this order, consistent with section 401(c) of the NEA (50 U.S.C.
1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)).

Sec. 11. This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity
by any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.

BARACK OBAMA

<http://wapo.st/J005dk>
President Obama executive order gives Treasury authority to freeze
Yemeni assets in U.S.

By Karen DeYoung, Published: May 15 | Updated: Wednesday, May 16, 11:10 AM

President Obama issued an executive order Wednesday giving the
Treasury Department authority to freeze the U.S.-based assets of
anyone who “obstructs” implementation of the administration-backed
political transition in Yemen.

The unusual order, which administration officials said also targets
U.S. citizens who engage in activity deemed to threaten Yemen’s
security or political stability, is the first issued for Yemen that
does not directly relate to counterterrorism.

Unlike similar measures authorizing terrorist designations and
sanctions, the new order does not include a list of names or
organizations already determined to be in violation. Instead, one
official said, it is designed as a “deterrent” to “make clear to those
who are even thinking of spoiling the transition” to think again.

The official was authorized to discuss the new order on the condition
of anonymity.

U.S. involvement in Yemen has increased rapidly in recent years with
the rise of the al-Qaeda affiliate there. U.S. airstrikes, including
with drone missiles, have increased sharply this year against alleged
al-Qaeda in the Arabian Peninsula (AQAP) militants who have expanded
their control of territory in the southern part of the country.

With new revelations about the intent and ability of AQAP to strike
U.S. territory — including a second attempt, disrupted this month, to
down a U.S.-bound airliner with a sophisticated “underwear bomb” — the
administration is seeking to ensure that political turmoil in Yemen
does not undermine its counterterrorism goals and smooth cooperation
with the government.

U.S. training and other military assistance to Yemen, which totaled
$176 million in 2010, dropped to $30 million last year after
then-President Ali Abdullah Saleh authorized armed action against
anti-government political demonstrators. He later agreed to resign but
then reneged.

The aid resumed after Saleh stepped down in February, after 33 years
in power, and his vice president, Abed Rabbo Mansour Hadi, took over
the presidency and began to implement a political transition to a
democratically elected government.

The administration budget request for this fiscal year totals $79
million in civilian economic assistance and $70 million for the Yemeni
military. Humanitarian aid, which was never suspended, has reached $73
million this fiscal year.

Despite Saleh’s departure, however, a number of his relatives and
supporters in positions of military and political power delayed
relinquishing their offices until a Hadi-issued decree last month.
Obama’s new executive order, which threatens any assets they or anyone
associated with them may have in this country, is designed to ensure
that they remain sidelined.

“Hadi showed considerable backbone, and we believe he’s up to the task
of implementing the transition agreement signed in November,” the
administration official said. The agreement includes “a lot of
ambitious benchmarks the government has committed to meet.”

While “the transition has been proceeding more or less on track,” the
official said, the executive order is “just one more way of us trying
to ensure that trend continues.”

The order provides criteria to take action against people who the
Treasury secretary, in consultation with the secretary of state,
determines have “engaged in acts that directly or indirectly threaten
the peace, security or stability of Yemen, such as acts that obstruct
the implementation of the Nov. 23, 2011, agreement between the
Government of Yemen and those in opposition to it, which provides for
a peaceful transition of power . . . or that obstruct the political
process in Yemen.”

It covers those who “have materially assisted, sponsored or provided
financial, material or technological support” for the acts described
or any person whose property has already been blocked, as well as
those who have acted on behalf of such people.

Obama administration officials compared the order to one the president
issued in 2009 against anyone threatening the agreement that installed
a transitional government in Somalia.

In 2006, President George W. Bush issued a similar order regarding
Ivory Coast in West Africa.

-- 
Yoshie Furuhashi
<http://mrzine.org/>